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NATIONAL PARKS v. COUNTY OF RIVERSIDE

No. D032228.

96 Cal.Rptr.2d 576 (2000)

81 Cal.App.4th 234

NATIONAL PARKS AND CONSERVATION ASSOCIATION et al., Plaintiffs and Respondents, v. COUNTY OF RIVERSIDE et al., Defendants and Appellants.

Court of Appeals of California, Fourth District, Division One.

June 5, 2000.

Attorney(s) appearing for the Case

Weston, Benshoof, Rochefort, Rubalcava & MacCuish, Steven W. Weston, John A. Henning, Jr., Los Angeles; McKenna & Cuneo and Michael H. Fish, Los Angeles, for Defendants and Appellants.

Gibson, Dunn & Crutcher, Jeffrey D. Dintzer, Los Angeles; Chatten-Brown and Associates, Jan Chatten-Brown, Douglas P. Carstens and Kimberly E. Lewan, Los Angeles, for Plaintiffs and Respondents.

HALLER, J.

If a petitioner prevails on a writ petition challenging an environmental impact report (EIR), and then unsuccessfully challenges the subsequent EIR brought before the trial court on a return to the writ, is the petitioner entitled to Code of Civil Procedure section 1021.5 (section 1021.5) attorney fees pertaining solely to the fees incurred in challenging the second EIR? We conclude the petitioners here were not entitled to recover those fees because the...

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